Franklin County BZA approves variance to allow second dwelling at 3281 K‑68 Hwy., imposes $10,000 bond and 10‑year removal requirement

The Franklin County Board of Zoning Appeals voted 6–1 on Feb. 4 to approve a variance allowing a second primary dwelling on a 10.00‑acre tract at 3281 K‑68 Highway, contingent on a $10,000 bond guaranteeing removal of the current residence within 30 days after it is vacated and a requirement that the existing home be removed within ten years.

Planning Director Pat Toth had recommended denial of Application #000004‑2024 (Lamm), telling the board that the county’s zoning regulations and Comprehensive Plan favor preserving the rural character of one‑home‑per‑tract development and that approving the variance could set a precedent. Staff noted the property’s narrow “piano key” configuration and explained that other options — including building an accessory dwelling unit (ADU) near the existing house or pursuing a temporary use permit with a bond — were available under current rules. "Staff does recommend denial of the variance request," Toth said during the presentation, and outlined the findings in the staff report under K.S.A. 12‑759.

Applicants Brandi and Chuck Lamm said they sought the variance so their 83‑year‑old grandfather could move closer when he needs care. They said their family — the couple and four children — requires a larger residence than the county’s ADU limits allow. The applicants indicated the new house would be about 2,000–2,200 square feet with four to five bedrooms and that the older mobile home currently on the site would be removed once the grandfather moved into the new residence. "We want to allow him to stay in his comfort zone as long as possible," Brandi Lamm said, describing the family’s caregiving situation.

Board members and staff discussed technical constraints that affected siting options, including K‑68 Highway corridor setbacks (staff noted a 100‑foot corridor setback plus an additional 50‑foot county buffer for a total of roughly 150 feet from the front property line), pipeline setbacks (staff said pipelines require roughly 30–33 feet from the center line on each side, or about 60–66 feet total), and the need for a soil profile to determine septic requirements. Staff also noted ADU rules limit accessory units to a maximum of 1,200 square feet and two bedrooms, which the Lamm family said would not meet their needs.

The applicants and staff disagreed about one detail: staff reported that KDOT had told them a new entrance onto K‑68 would not be allowed, while the applicants said a KDOT contact told them a second entrance was not necessary because shared entrances are common. The board did not resolve that dispute during the meeting; building‑permit and right‑of‑way approvals remain subject to final review during permitting and by the relevant agencies.

Several board members said they sympathized with the family’s situation but worried about precedent. G. Wilkins said she was concerned that approving the variance would invite similar requests for other narrow parcels around the county. The board ultimately reached a compromise: J. Falls moved to approve the variance based on staff findings, with two conditions — that the applicant post a $10,000 bond to guarantee removal of the existing residence within 30 days after it is vacated, and that the existing residence be removed within ten years — and J. Kosko seconded. The roll call vote was Peckham Yes, Wilkins No, Stinebaugh Yes, Kosko Yes, Harris Yes, Falls Yes, Perry Yes; motion carried 6–1.

Procedural next steps noted by staff include the applicant’s need to obtain building permits, complete a soil profile for septic sizing with Environmental Health, and renew the bond annually (staff described the bond process as requiring annual renewal, with a roughly $100 per‑year fee to keep the bond current). Staff said the bond is intended to give the county a mechanism to pay for removal if the owner does not remove the structure as required, and that the county may accept making a residence uninhabitable rather than fully razing it in some cases, subject to the building official’s review.

The board adjourned at 7:38 p.m.

What remains unresolved: the final siting, septic design and any KDOT right‑of‑way approvals will be determined through the building‑permit and agency review process. The variance approval applies only to the zoning restriction on multiple primary dwellings; it does not exempt the project from other county, state or utility safety and permitting requirements.